MVV409K Introducing United States Labor and Employment Law

Faculty of Law
Autumn 2024
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Margaret Hart Edwards, Juris Doctor (seminar tutor), prof. JUDr. Ing. Michal Radvan, Ph.D. (deputy)
prof. JUDr. Ing. Michal Radvan, Ph.D. (seminar tutor)
Guaranteed by
prof. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV409K/01: Mon 16. 9. 16:00–17:40 S125, Tue 17. 9. 16:00–17:40 S125, Wed 18. 9. 16:00–17:40 S125, Thu 19. 9. 14:00–15:40 S125, 16:00–17:40 S125, Mon 23. 9. 18:00–19:40 S125, Tue 24. 9. 18:00–19:40 S125, Wed 25. 9. 18:00–19:40 S125, Thu 26. 9. 10:00–11:40 S125, Fri 27. 9. 8:00–9:40 S125
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 24 student(s).
Current registration and enrolment status: enrolled: 0/24, only registered: 1/24
fields of study / plans the course is directly associated with
there are 60 fields of study the course is directly associated with, display
Course objectives
1) Understand how labor and employment law has developed and continues to develop in the United States on the federal, state and local levels;
2) Understand the challenging legal environment in which businesses operate in the United States;
3) Understand the evolving rights of workers in the United States; and
4) Understand the changing role of unions in the United States.
Learning outcomes
At the end of the course, students should:
1) Acquire a practical understanding of how businesses in the United States manage personnel relations; and
2) Understand the major role private litigation plays in development and enforcement of legal rules related to employment; and
3) Understand the influence of unions in day-to-day relations between workers and employers in most private industries; and
4) See the competing visions of the workplace in play in upcoming U.S. elections.
Syllabus
  • Class One
  • • The Legal and Demographic Context
  • • This class provides a portrait of the U.S. legal system and workforce, the life cycle of employment, and the roles lawyers play in labor management relations.
  • Class Two
  • • Contract and the Employment Relationship
  • • This class explores the definitions of employee, ideas of joint employment, typical employment relationships, theories of wrongful discharge from employment, ideas of property interest, and general legal duties of employees.
  • Class Three
  • • The Contentious (Sometimes Violent) Evolution of Union-Management Relations
  • • This class summarizes how current union-management relations in the United States evolved and how this evolution informs changes in unionization strategies in the last two decades.
  • Class Four
  • • The Prominence of Ideas about Employment Discrimination in US Employment Law
  • • This class summarizes the history of ideas of fairness and equal treatment in the workplace as an outgrowth of the Civil Rights Movement in the United States, the ideas about “protected categories,” and theories of discrimination.
  • Class Five
  • • Litigating Employment Claims
  • • This class outlines the different ways claims by employees are litigated, the costs and timelines, giving case examples and illustrating the influential role of private enforcement of rights and responsibilities.
  • Class Six
  • • Hot Issues in the Workplace
  • • This class explores challenges in the workplace that may pit the interests of employees against those of the employer. Examples include: regulating free speech and politics at work, accommodating religion at work, controlling social media use, monitoring employees and workplace privacy, accommodating disabilities, parenthood, and leaves of absence, and using artificial intelligence in recruiting.
  • Class Seven
  • • Corporate Social Responsibility, DEI programs, and Corruption
  • • This class explores the expanding concerns of employers and workers about the employer’s accountability on social and environmental issues (such as abuses of workers in the supply chain, the identity of the employer’s customers, climate change concerns, pay inequality), diversity, equity and inclusion programs, and programs to curb corruption, such as anti-bribery laws, and False Claims Act liability.
  • Class Eight
  • • Advising Employers on Bread and Butter Employment Issues
  • • This class looks at the most common issues that employers face where they call the lawyers for assistance, such as how to prevent discrimination, classification of workers, wage and hour compliance, outsourcing, layoffs, working remotely and return to work after COVID, and imported labor.
  • Class Nine
  • • The Social Safety Net for Workers
  • • This class looks at regulations for physical safety in the workplace, workers’ compensation, bullying issues, guns at work, healthcare coverage, pensions, and whistleblower protections. At this class, the final exam will be passed out. This will consist of a one or two-page essay identifying issues in a scenario to be provided.
  • Class Ten
  • • You Are the Lawyer on the Case
  • • In this class, small groups will work on a sample employment dispute to use their knowledge to explore possible techniques and strategies for resolution.
Literature
  • See Syllabus and Teachers Information for Details. No specific readings are required for the course.
Teaching methods
There will be a lecture for each class, but the teacher may ask students to argue points raised in each class. Please do not be shy about asking questions, offering comments, or engaging in discussion. Active participation in the exercises in Class Ten is expected.
Assessment methods
A written take-home final exam will be passed out at the end of Class Six to be turned in at during Class Ten.
Language of instruction
English
Further comments (probably available only in Czech)
Study Materials
The course is taught only once.
Teacher's information
This course offers a window into the private (as opposed to governmental) workplace in the United States. It is important for those interested in the ways U.S. businesses operate and the legal context, or for those intending to explore work with U.S. law firms or businesses. Students will learn about the practical concerns of employers and workers, what general rules govern the workplace, how these rules are enforced, and how this enforcement occurs in the context of the legal system of the United States. The course provides some historical background for the development of U.S. practices, so that students may contrast how that context differs from that in Europe. The course also provides an opportunity to learn the English language terms used for particular workplace-related issues.
  • Enrolment Statistics (recent)
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